June 18, 2004

MINUTES OF THE BOARD OF GOVERNORS
SOUTHWEST MISSOURI STATE UNIVERSITY
JUNE 18, 2004 

1.                  Roll Call

Present-     Dr. Barbara Burns, President of the Board
                  Mr. Thomas Carlson, Governor
                  Mr. William Darr, Governor
                  Mr. Michael Duggan, Governor (by conference call)
                  Mr. Michael Franks, Vice President of the Board
                       (arriving at 10:15 a.m.)
                  Ms. Mary Sheid, Governor (by conference call)
                  Ms. Kelli Wolf, Student Governor (by conference call)
               

Absent-      Ms. Phyllis Washington, Governor
Also

Present-     Jim Baker, Assistant to the President
                  Kent Thomas, Chancellor of the West Plains Campus
                  Greg Onstot, Vice President for University Advancement
                  Bruno Schmidt, Vice President for Academic Affairs
                  Don Aripoli, Vice President for Student Affairs
                  Kent Kay, Associate Vice President for Finance
                  Greg Burris, Vice President for Administration & Finance
                  John F. Black, General Counsel
                  John W. McAlear, Secretary of the Board
 

2.         Presiding --- The presiding officer for the meeting was Dr. Barbara Burns, President of the Board of Governors.  She called the meeting to order at 9:00 a.m. in the Parliamentary Room of the Plaster Student Union on the campus of Southwest Missouri State University in Springfield, Missouri.
 

3.         Minutes --- Dr. Burns noted that the first item of business on the agenda was the approval of the minutes submitted by the Secretary for the open and closed meetings of May 13, 2004.  Mr. Duggan moved to approve the minutes as presented.  Mr. Darr seconded the motion.


Motion passed 5-0.
 

4.         Educational:

a.   Faculty Senate Report --- Dr. Lois Shufeldt, Chairperson for the Faculty Senate, reported that one of the issues which will be addressed next year by the Senate is grade inflation – over one-third of our graduates at the last commencement graduated with honors.
 

b.   Report from Vice President for Academic Affairs --- Dr. Bruno Schmidt, Vice President for Academic Affairs, reported that two of the items discussed at the recent dean's retreat were equity and faculty workloads.  Some faculty perform very important duties that are not recognized in their total workload so we are looking at ways to correct this.  
 

5.         West Plains Campus:

a.   Report from the West Plains Campus --- Mr. Kent Thomas, Chancellor, presented the following resolutions for the Board's consideration:
 

Approval of Purchasing Activity Report for the month of May 2004 (West Plains Campus Purchasing Activity Report No. 19-04).  This report included the annual lease agreement with the City of West Plains for our use of the West Plains Civic Center.  The contract period is July 1, 2004 through June 30, 2005.  The amount of the contract for this period is $116,123.64.
 

Approval of actions concerning academic employees of the West Plains Campus (West Plains Personnel No. 216-04).
 

Approval of actions concerning non-academic employees of the West Plains Campus (West Plains Personnel No. 217-04).
 

Approval of change of parking violation fines for the 2004-2005 fee schedule (West Plains Fees No. 10-04).
 

Approval to increase the budget for additional architectural services in conjunction with providing architectural services on an "On-Call" basis with TRC & Associates (West Plains Campus Architects & Engineers No. 49-04).  This resolution increases additional services by $15,000 to come to a new total of $25,000 in additional services.
 

Moved by Mr. Carlson.  Seconded by Ms. Sheid.
 

Motion passed 5-0.
 

6.         Student Affairs:

a.   Report from Student Body President --- Mr. Chris Curtis, President of the Student Body, reported that one of the priorities of his campaign was to provide a legal alternative to illegal music downloading and they will be looking at this next year.
 

b.   Report from Vice President for Student Affairs:  Dr. Don Aripoli, Vice President for Student Affairs, presented a resolution (Finance No. 976-04) approving Wyrick funds for the artificial turf installation at Recreation Field West, an estimated cost of $311,960.  Moved by Mr. Darr and seconded by Mr. Carlson.
 

Motion passed 5-0.
 

7.         Staff Senate Report --- Mr. Phil Nichols, Chairperson of the Staff Senate, reported that the Staff Senate has been discussing billing problems with our Preferred Provider Organization, St. John's Regional Health Center.  We also need to work on communicating to our employees the cost savings of using Taylor Health Center for certain procedures as opposed to using St. John's.  
 

8.         Report from the President --- Dr. Jim Baker first gave a report on our program in China.  The purpose of our China Program is to conduct educational and cultural opportunities and exchanges between SMSU and our Chinese partner universities and to promote understanding and friendship between our two countries.  We now have partners in China located in four different cities – Beijing University of Technology and China Agricultural University in Beijing; Qingdao University in Qingdao; Henan Institute of Finance and Economics in Zhengzhou; and, Liaoning Normal University in Dalian.  He explained that the China Program has been included in the SMSU System Operations Manual as far as how we operate the overall university system.  Dr. Baker then showed an organizational chart of the China Management Group – an advisory body to the President regarding university policies for programs in China.  This body is growing and getting more complex as our China Program grows. 
 

Drs. Skip Phelps and Earle Doman, Co-chairs of the Centennial Steering Committee, next gave a report on activities planned for the SMSU Centennial Celebration, July 1, 2004 to June 30, 2005.  The theme "Daring to Excel" was chosen to celebrate this milestone.  The book, Daring to Excel – The First 100 years of Southwest Missouri State University, written by Dr. Don Landon will be out in August.  Dr. Doman reviewed the calendar of events with the Board.  Dr. Phelps then highlighted the Inaugural Public Affairs Conference scheduled for April 13-15, 2005 on the Springfield Campus. They hope to have 30 to 40 different speakers at this conference.  The Public Affairs Statue will be dedicated at that time.  The West Plains Campus will dedicate the Smith-London Centennial Bell Tower this fall and Mountain Grove is planting a centennial garden that will be dedicated in June, 2005. 
 

Dr. Baker then presented a resolution (Agreement No. 130-04) approving a twelve-month extension of the consultation agreement with Jerry Burch as legislative consultant to the University.  Mr. Burch will be paid $5,600 per month for the period of September 1, 2004 to August 31, 2005.  He shall be paid an additional amount of $500 per month to help provide training and supervision for the SMSU legislative interns working in Jefferson City.  Moved by Mr. Carlson and seconded by Mr. Darr.


Motion passed 6-0.
 

Mr. John Black, General Counsel, next presented a resolution (Agreement No. 131-04) permitting the SMSU Development Corporation to engage in banking services on behalf of SMSU in Asia.  He explained that, as shown in the earlier report on China, the programs in China are about to significantly expand.  The banking relationships in China are totally different from the American way of doing things.  It has become essential to formulize our banking situation.  For some banking relationships in China, a corporate format is more familiar to the Chinese than a governmental format.  Since the Development Corporation is a 501c3 corporation, it could be used to help with this banking situation.  He indicated that we may or may not end up using the Development Corporation in this manner.   Our bank, Great Southern, is working on this issue as well.  Moved by Mr. Franks.  Seconded by Mr. Darr. 
 

Motion passed 5-0-1 (Mr. Carlson abstaining).
 

Dr. Baker then presented a resolution (Agreement No. 132-04) approving agreements implementing four-year and master's degree programs with Liaoning Normal University and Henan Institute of Finance and Economics, respectively, People's Republic of China.  Regarding LNU, we will continue to work with the West Plains Campus for the first two years, and years three and four will be handled through the College of Business on the Springfield Campus.  Motion made by Ms. Sheid, receiving the second of Mr. Franks.
 

Motion passed 6-0.
 

9.         Financial:

a.   Development Report --- Mr. Greg Onstot, Vice President for University Advancement, presented the Development Report for the eleven months ending May 31, 2004.  At this point in the year, when compared to last year, total gift dollars received are up about $1.4 million with a total of $7,555,995.  
 

He next presented a resolution (Human Resources No. 1132-04) approving the FY05 Overview of Salaries and Benefits for Athletics Administrators and Coaches.  Some additional individuals were added to what was included in the advanced agenda.  Motion made by Mr. Carlson, receiving the second of Mr. Darr.
 

Motion passed 6-0.
 

Mr. Onstot then presented a resolution (Human Resources No. 1133-04) approving additional fringe benefits for certain employees to be funded by either the SMSU Foundation or the University.  Moved by Mr. Carlson and seconded by Mr. Franks.
 

Motion passed 6-0.
 

He next presented a resolution (Agreement No. 133-04) approving the rental rates for space in The Alumni Center for various departments and University related offices.  The 33,006 sq. ft. will be rented from the SMSU Foundation at a rate of $9.50 per square foot.  Motion made by Mr. Franks, receiving the second of Mr. Darr.
 

Motion passed 6-0. 
 

b.   Financial Report --- Mr. Kent Kay, Associate Vice President for Finance, presented the financial statements for the eleven-month period ending May 31, 2004.   
 

He next reviewed with the Board the process that was followed during the preparation of the FY05 internal operating budget.  He explained that in the beginning, we developed plans to address 5%, 10%, and 15% reductions in state appropriations due to a potential shortfall in state revenues.  We obtained input from academic and administrative leadership.  We had approximately $12.23 million in increased expenses, the largest portion of this being salaries and fringe benefits totaling about $6.25 million.  Increased revenues of $13.1 million came from:  student fees of $7.5 million; state appropriations of $3.6 million; residence halls and food service of $1.4 million; and all other types of revenue of $.6 million.  FY05 expenses and transfers total $202,609,715.  FY05 budgeted revenues total $203,547,229.  State appropriations only make up 38.27% of this amount. Student fees and student payments for residence halls and food services make up 53.36% of these total revenues.  He then presented a resolution (Finance No. 977-04) approving the FY05 internal operating budget.    Moved by Mr. Franks and seconded by Mr. Carlson.
 

Motion passed 6-0.
 

c.   Purchases & Contracts --- Mr. Kay then presented the following resolution for the Board's consideration:
 

Purchases exceeding $25,000 from May 13, 2004 through June 4, 2004 (Purchasing Activity Report No. 243-04).


Purchases exceeding $25,000 from June 5, 2004 through June 17, 2004 (Purchasing Activity Report No. 244-04).
 

Moved by Mr. Darr and seconded by Mr. Franks.
 

Motion passed 6-0.
 

Mr. Greg Burris, Vice President for Administration & Finance, presented the following resolutions for the Board's consideration:
 

Approval of Intergovernmental Agreement with the City of Springfield for Law Enforcement Services (Agreement No. 134-04)  The total cost of the FY05 agreement is $517,521.
 

Approval of Addendum to Contract for Sale of Real Estate for the sale of property at 2344 South Scenic Avenue, Springfield, Missouri (Land No. 79-04).  The addendum adjusts the sales price of the property to $828,920.  The buyer, Gardner Properties of Springfield, LLC., also has requested an additional month, until October 1, 2004, to complete all rezoning actions by the City of Springfield and Greene County.
 

Moved by Mr. Franks and seconded by Mr. Darr.
 

Motion passed 5-0-1 (Mr. Carlson abstaining).
 

10.       Facilities and Equipment --- Mr. Burris next presented the following resolutions for the Board's consideration:
 

Approving the June 7, 2004 Building Report (Building Report No. 135-04).
 

Approving the Activity Report for the month of May 2004 (Activity Report No. 138-04).
 

Approval of the FY06 Capital Appropriations Request (Finance No. 978-04).
 

Tunnel repairs and improvements (Bids & Quotations No. 1127-04); DeWitt & Associates, Inc., low bid of $1,589,000 for the base bid; total project budget established at $2,100,000.
 

Interior signage at Meyer Library (Bids & Quotations No. 1128-04); Serigraphics Sign Systems, Inc., low bid of $32,856 for the base bid; total project budget established at $52,500.
 

Construction materials testing services in conjunction with the tunnel repairs and improvements (Architects & Engineers No. 592-04); Palmerton & Parrish, Inc., for an hourly fee not to exceed $8,100 plus reimbursable expenses.  Additional services of up to $3,500 as described in this agreement may be authorized and approved as necessary.
 

Architectural and engineering services in conjunction with the pavilion installation at the State Fruit Experiment Station, Mountain Grove (Architects & Engineers No. 593-04); Warren & Goodin, Inc., for a maximum fee of $5,000 plus reimbursable expenses.  Additional services of up to $1,500 as described in this agreement may be authorized and approved as necessary.
 

Surveying services in conjunction with the pavilion installation at the State Fruit Experiment Station, Mountain Grove (Architects & Engineers No. 594-04); Carmack Surveying, Inc., for $1,600 plus reimbursable expenses.  Additional services of up to $800 as described in this agreement may be authorized and approved as necessary.
 

Increase the project budget for the entrance door renovation at Kentwood Hall (Bids & Quotations No. 1129-04); the original project budget of $3,500 is to be increased by $3,500 to bring the new, increased project budget to $7,000.
 

Moved by Mr. Franks.  Seconded by Mr. Darr.
 

Motion passed 6-0.
 

11.       Human Resources ---Mr. Burris next presented the following resolutions:
 

Actions concerning academic employees (Human Resources No. 1134-04).
 

Actions concerning non-academic employees (Human Resources No. 1135-04).
 

Approval of Amendment to Memorandum of Agreement between the University and the International Brotherhood of Electrical Workers, AFL-CIO Local Union 453 (Agreement No. 135-04).
 

Moved by Mr. Franks.  Seconded by Mr. Darr.
 

Motion passed 6-0.
 

12.       Unfinished Business --- Mr. Franks reported that he is very pleased with the work of the presidential search committee at this point.  We have had two meetings.  Governor Washington has had to drop from the committee.  We do need to approve the addition of Mr. Lynn Cline, representative from the College of Education, who had to replace the original appointee.  Mr. Duggan so moved, receiving the second of Ms. Sheid.
 

Motion passed 6-0.
     

Mr. Franks announced that there is a website devoted to the search and we have an email address.  Ms. Sherry Stewart, retired executive assistant to Dr. Keiser, will be working part time assisting with the search.
 

Mr. Carlson asked that the staff perform some research concerning having the Board approve all expenditures exceeding $25,000.  He is of the opinion that this number is too low and we should investigate the possibility of raising expenditures requiring Board approval to a higher amount.
 

13.       Closed Meeting --- It was determined that the Board of Governors needed to meet in a closed session to consider items of business provided in the Revised Statutes of Missouri.  Dr. Burns asked if a resolution authorizing a closed meeting of the Board was prepared.  Thereupon, the following resolution was presented for consideration:
 

BE IT RESOLVED by the Board of Governors for the Southwest Missouri State University that a closed meeting, with closed records and closed vote, be held immediately following this June 18, 2004 meeting of the Board of Governors to consider items pursuant to:
 

A.        R.S.Mo. 610.021(1).  "Legal actions, causes of action, or litigation involving a public governmental body…"
 

B.                              B.        R.S.Mo. 610.021(2).  "Leasing, purchase or sale of real
                                estate by a public governmental body…"
 

C.         R.S.Mo. 610.021(3).  "Hiring, firing, disciplining or promoting an employee of a public governmental body."
 

D.         R.S.Mo. 610-021(6).  "Scholastic probation, expulsion, or graduation of identifiable individuals…"

                     E.         R.S.Mo. 610.021(9).  "Preparation, including any
                                 discussions or work product, on behalf of a public
                                 governmental body or its representatives for negotiations
                                 with employee groups;"
 
                     F.         R.S.Mo. 610.021(11) and (12).  "Specifications for
                                 competitive bidding…," and "Sealed bids and related
                                 documents…,"
 
                    G.          R.S.Mo. 610.021(13).  "Individually identifiable
                                 personnel records, performance ratings, or records
                                 pertaining to employees or applicants for employment,…"

                    H.          R.S.Mo. 610.021(14).  "Records which are protected from
                                 disclosure by law;"
 

I.          R.S.Mo. 610.021(17).  "Confidential or privileged communications between a public governmental body and its auditor,…"
 

                  Ms. Sheid moved the approval of the resolution and Mr. Duggan
                  seconded the motion.

 A roll call vote on the resolution was as follows:  those voting in favor – Governors Burns, Carlson, Darr, Duggan, Franks, and Sheid; those voting against – none; those absent – Governor Washington.

 Board President Burns declared the motion was passed 6-0.

       14.       Date of Next Meeting --- The date of the next regularly scheduled
                  meeting was set for July 30, 2004.

       15.       Adjournment--- Dr. Burns adjourned the meeting at 11:30 a.m. on
                  the motion of Mr. Franks, the second of Mr. Darr, and the unanimous
                  vote of the Board.